John O'Boyle/The Star-Ledger An appeals court panel has reinstated an indictment that charged suspended North Brunswick police lieutenant Keith Buckley, right, with official misconduct in connection with the motor vehicle death of a fellow officer in August 2008

NORTH BRUNSWICK — A suspended North Brunswick police lieutenant is once again facing official misconduct charges in connection with the motor vehicle death of a fellow officer.

An appeals court panel today reinstated an indictment that charged Keith Buckley with official misconduct in connection with the death of Lt. Christopher Zerby on Aug. 12, 2008.

Authorities said Zerby was killed when Buckley lost control of a Dodge Viper while speeding on Route 130 in North Brunswick and struck a utility pole.

The three-judge panel reversed a decision last year by Superior Court Judge Frederick De Vesa, who dismissed the 2009 indictment, ruling its language was not clear enough to allow Buckley to defend himself.

"Although the indictment and the state’s bill of particulars are unartful, we do not agree they lack sufficient clarity, and, therefore, reverse the order of dismissal," said the appellate decision.

Furthermore, the judges said, "the state was not obligated to plead the many duties of a police officer that were allegedly disregarded when (Buckley) was driving or racing instead of acting as an on-duty police officer."

The Middlesex County Prosecutor’s Office appealed De Vesa’s ruling in March.

"We’re gratified by the decision," said Nicholas Sewitch, the first deputy assistant prosecutor who is handling the case for the state.

Buckley’s attorney, Robert Gluck, said he has to talk to his client to determine if he should appeal to the state Supreme Court.

Buckley is charged in another indictment with vehicular homicide on charges of causing the death of Zerby. That indictment, handed up in November 2008, still stands.

Police charged Buckley, who was commander of the patrol division and on duty, drove his police car to his brother’s house to pick up the Viper, then stopped by police headquarters to pick up Zerby, who was also on duty. Authorities said the car reached speeds in excess of 94 mph before the crash.